Artistic Savants :: User Agreement

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Artistic Savants User Agreement
Acceptance to the Artistic Savants System requires that you accept the term of our user agreement. S-development is the comapny that runs this website
User Agreement 

This User Agreement (this “ User Agreement”) is by and between S-development LTD who runs this website and you the user (“ User”) and is effective on the date that User clicks to accept this Agreement. The terms and provisions of this Agreement govern access to and use of the Site by User. Additional terms and conditions regarding User’s access to and use of the Site may be posted on other areas of the Site (together with the terms and provisions of this User Agreement and the Privacy Policy, this “ Agreement”). 

The Parties agree to the following provisions: 

1. Definitions 

“ Art” means any original artwork, photography, or other work submitted to S-development for sale on the Site and accepted by S-development for display on the Site.

“ Buyer” means any individual or entity offering to purchase Art, a Reproduction, or any other item from the Site.

“ Confidential Information” means all of S-development’s development plans, trademarks, trade secrets, manner of sale, business plans, pricing, financial records, market reports, employee lists, user lists, policies and procedures, information regarding any S-development employee, shareholder, director, or officer. Confidential information includes any reports, information, or communication that relays any of S-development’s Confidential Information, including information listed in the Privacy Policy.

“ Peer Review Provider” means any individual or entity that has applied to become, and has been approved as, a peer review provider for purposes of providing opinions and peer reviews of Art listed on the Site. 

“ Party” or “ Parties” means S-development name, User, or any other individual or entity that enters into this Agreement

“ Reproduction” means any reproduction of the Art in any form whatsoever. 

“ Seller” means any individual or entity offering to sell Art, a Reproduction, or any other item on the Site.

“ Service” means any contribution provided by S-development, including but not limited to business conducted through the Site, customer support services, billing, promotions, and listings, whether or not the Services result in a sale. 

“ Site” means the website located at the web address http://www.artisticsavants.com and all websites which are links from the web address http://www.artisticsavants.com which are owned or operated by ArtisticSavants.com, Inc., its subsidiaries, affiliates, directors, officers, employees, or agents. 

“ User” means an artist, Seller, Buyer, Peer Review Provider or any other person or entity utilizing the Services of S-development. 

2. Acknowledgments by User 

User acknowledges and understands that (i) the Site is available for use only if User acknowledges and agrees to be bound by the terms and provisions of this Agreement and by accessing the Site User shall be bound by such terms and provisions; (ii) this Agreement constitutes a legal and binding agreement between User and S-Development; and (iii) User’s rights to access or use the Site may be limited further by federal, state, local or jurisdictional laws, rules and regulations. 

3. Services Provided 

A. Description of Services 
S-Development will display Art on the Site in order to provide artists, Sellers, Buyers, and other individuals and entities the opportunity to display, purchase and sell Art and Reproductions on the Site. S-Development will collect payment for Art and Reproductions sold on the Site and will arrange for the manufacture of Reproductions as they are purchased. S-Development will collect a commission from any Art or Reproductions sold as set forth in section 3.C of this Agreement and will pay Seller Seller’s share of the proceeds. S-Development, IN ITS SOLE AND ABSOLUTE DISCRETION, MAY SET OR ALTER PRICES OF ANY REPRODUCTION AT ANY TIME FOR ANY REASON S-development SEES FIT. S-Development, IN ITS SOLE AND ABSOLUTE DISCRETION, MAY ACCEPT, REJECT, REMOVE, CATEGORIZE, OR RE-CATEGORIZE ANY ART OR REPRODUCTION AT ANY TIME FOR ANY REASON S-development SEES FIT. Nothing in this Agreement requires S-development to provide notice or reason for rejection, acceptance, or categorization of Art or a Reproduction. 

B. Manufacture of Reproductions
User acknowledges that all Reproductions are prepared by an unaffiliated third party printer (the “ Printer”) for User’s convenience and that S-Development has no liability or responsibility for the actions or works of the Printer. Any concerns regarding a reproduction shall be addressed directly to the Printer. 

C. Commission for Services
S-Development will retain fifteen percent (15%) of the total payment received for Art sold through the Site. The total payments shall include all costs paid by a Buyer for Art, including but not limited to, shipping, handling, and processing costs. Profits do not include shipping and handling costs, or any other costs associated with the production or distribution of Reproductions. 

D. Payment to Seller
Payment due to any Seller shall be made by check, mailed to the address provided to S-Development by a Seller. Sellers shall be responsible for providing S-development with a current mailing address for receipt of payment and for any changes to such mailing address. S-Development will not be liable for any payment not received by a Seller because the Seller failed to update the mailing address for his or her payments. S-Development will not pay Seller until after Buyer has accepted and retained the Art for the time period indicated in the Money Back Guarantee hereby incorporated into this Agreement by reference.

4. Rules of Sale 

A. User Qualifications 
Users must be able to form a legally binding contract under applicable law. User represents and warrants that User is authorized and has full power and authority to enter into this Agreement under its terms. User must be eighteen (18) years of age or older. Persons under the age of eighteen (18) may use this service only in conjunction with, and under the supervision of, a legal guardian.

B. Seller’s Artwork Submissions
S-Development may keep all pictures and graphics, in any form whatsoever, of all submissions of artwork, whether or not the artwork was accepted for sale on the Site. For purposes of this section, artwork means any form of artistic expression in any medium. At the request of Seller, S-Development will destroy pictures of the artwork if a Seller terminates the Agreement.

C. Misrepresentations Prohibited
User will not misrepresent or otherwise provide misleading information about User or the Art, including but not limited to the Art’s description, User’s contact information, User’s credentials, or other information relating to the User or the Art. User may not impersonate any person or entity or falsely misrepresent User’s affiliation with a person or entity in any way. 

D. Sale of Art Outside of the Site
A Seller may sell Art outside of the Site, but shall notify the S-Development no more than forty-eight (48) hours after such sale. If S-Development believes that a Seller has not provided proper notification, S-Development may, in its sole and absolute discretion, refuse to submit the Seller’s artwork in the future and remove any Art of the Seller from the Site.

E. Circumventing Commissions
USERS WILL NOT USE ANY TECHNIQUES TO CIRCUMVENT S-Development COMMISSIONS. If a sale of Art arises out of or is connected to the Services in any way whatsoever, a Seller will not attempt to avoid commission or avoid paying commission to S-Development. Circumventing or attempting to circumvent S-development’s commissions is a material breach of this Agreement. If S-Development believes that User is circumventing or has attempted to circumvent S-development commissions, S-development may terminate the Services with User and pursue any remedy available under applicable law. 

F. Completion of Sale
Prices for Art shall be displayed, and payment for Art shall be made, in US dollars. A Seller shall not accept payment for Art if the Seller has not shipped the Art to the Buyer. Buyers acknowledge that a Seller may have sold the Art prior to the Buyer’s offer to purchase and will be unable to sell the Buyer the Art or that a Seller may refuse to sell Art to a Buyer. In such case, S-Development will not charge the Buyer for the Art. A Buyer is the lawful owner of such Art and Reproductions upon physical receipt of Art or Reproductions. Seller will pay any applicable taxes and costs incurred with respect to the sale of Art and Reproductions. 

G. Shipping and Handling
Sellers shall be responsible for shipping costs for Art sold to Buyers and shall ship Art to the Buyers within seven (7) business days of notification from S-Development that a Buyer has submitted payment for a piece of Art. Sellers, in their sole and absolute discretion, may include shipping and handling costs in the price of the Art or add shipping and handling as a separate item at the time of sale. Sellers shall obtain a tracking number for Art and provide the tracking number to S-development. 

S-Development shall be responsible for shipping costs for Reproductions sold to Buyers. S-Development, in its sole and absolute discretion, may include shipping and handling costs in the price of the Reproduction or add shipping and handling as a separate item at the time of sale.

5. Intellectual Property Rights 

A. S-development’s Intellectual Property Rights 
Users may direct others to the Site by creating a link to the Site in an e-mail or in another site. USER WILL NOT MAKE OR USE ANY S-development TRADEMARKS, LOGOS, TRADE DRESS, OR ANY OTHER MARK WITHOUT PRIOR WRITTEN APPROVAL BY S-Development. 

B. Seller’s Intellectual Property Rights
To the S-Development’s knowledge, a Seller is the owner of the Art provided by the Seller and has the right to use the Art in any way the Seller sees fit. SELLERS GRANT S-Development A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE LICENSE TO USE THE SELLERS’ ART, E-MAIL ADDRESS, NAME, AND ALL OTHER CONTENT PROVIDED BY SELLER TO ADVERTISE, PROMOTE, AND PUBLICIZE THE ART IN ANY WAY S-Development SEES FIT, INCLUDING, BUT NOT LIMITED TO, ALL AREAS OF THE SITE, INTERNET ADVERTISING AND HARD COPY MARKETING. NOTHING IN THIS AGREEMENT REQUIRES S-Development TO ADVERTISE OR OTHERWISE PROMOTE ART, RERODUCTIONS OR OTHER INFORMATION. THIS LICENSE WITH THE SELLERS WILL NOT TERMINATE EVEN IF THE SELLERS ARE NO LONGER USING THE SERVICES UNLESS THE SELLERS SPECIFICALLY TERMINATE THIS AGREEMENT IN WRITING PURSUANT TO SECTION 14 OF THIS AGREEMENT. 

SELLERS GRANT THE S-Development A NON-EXCLUSIVE, WORLDWIDE LICENSE TO REPRODUCE AND MARKET THE SELLERS’ ART AND REPRODUCTIONS IN VARIOUS FORMS FOR SALE ON THE SITE. THE LICENSE TO REPRODUCE A SELLERS’ ART TERMINATES WITH THE TERMINATION OF THIS AGREEMENT PURSUANT TO SECTION 14 OF THIS AGREEMENT. S-Development WILL NOT SELL REPRODUCTIONS OF A SELLER’S ART IF THE SELLER NOTIFIES S-Development THAT THE SELLER DOES NOT WISH TO SELL REPRODUCTIONS. 

C. Peer Review Provider’s Intellectual Property Rights
To the S-Development’s knowledge, a Peer Review Provider is the owner of the peer review provided by the Peer Review Provider and has the right to use the peer review in any way the Peer Review Provider sees fit. PEER REVIEW PROVIDER GRANTS S-Development A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE LICENSE TO USE THE PEER REVIEW PROVIDER’S PEER REVIEW, E-MAIL ADDRESS, NAME, AND ALL OTHER CONTENT PROVIDED BY PEER REVIEW PROVIDER TO ADVERTISE, PROMOTE, AND PUBLICIZE THE ART IN ANY WAY S-Development SEES FIT, INCLUDING, BUT NOT LIMITED TO, ALL AREAS OF THE SITE, INTERNET ADVERTISING AND HARD COPY MARKETING. NOTHING IN THIS AGREEMENT REQUIRES S-Development TO ADVERTISE OR OTHERWISE PROMOTE ART, RERODUCTIONS OR OTHER INFORMATION. THIS LICENSE WITH THE PEER REVIEW PROVIDER WILL NOT TERMINATE EVEN IF THE PEER REVIEW PROVIDER IS NO LONGER USING THE SERVICES UNLESS THE PEER REVIEW PROVIDER SPECIFICALLY TERMINATES THIS AGREEMENT IN WRITING PURSUANT TO SECTION 14 OF THIS AGREEMENT.

D. Intellectual Property Rights of Third Parties 
Each Seller represents and warrants that (i) the Seller is the creator or legal guardian of the creator of the Art and possesses all rights to the information, including but not limited to artwork, images, and text submitted to S-Development; (ii) no third party possesses any license or other right that would prohibit or impair in any way the S-Development’s ability to exercise the rights granted in this Agreement; (iii) the rights granted in this Agreement do not breach or conflict with any agreement or other instrument binding upon User, User’s assets, or infringe upon any trademark, trade dress, copyright, patent, or other property right of any other person or entity; (iv) the Seller does not require the consent or approval of any person, entity, or authority in connection with this Agreement; (v) there is no pending or threatened claim or other proceeding against User or User’s affiliates or subsidiaries relating to submitted Art; and (vi) no images, text, or other information submitted by the Seller violates applicable law, is libelous, or violates any right of a third party.

6. Peer Reviews 

A. Peer Review Provider Qualifications 
S-Development, in its sole and absolute discretion, may accept or reject any peer review for any reason whatsoever with or without notice. S-Development, in its sole and absolute discretion, may qualify or disqualify a Peer Review Provider for any reason whatsoever and may change the Peer Review Provider qualifications or requirements for any reason. Peer Review Provider must apply and meet the S-development’s qualifications and requirements for Peer Review Providers prior to submission of any peer review. A Peer Review Provider may not peer review his, her, or its own Art.

7. User’s Responsibility for Information 

User is liable for any claims arising from or related to information, its accuracy, propriety, or any other matter, collectively, the “User Information” provided to S-Development, its affiliates, officers, or directors, by User, whether or not that information is posted on the Site. User covenants and agrees that the content of information and any e-mails generated from the User Information will not violate or infringe on the rights of any third party; is not libelous; does not promote sexually explicit material; does not promote violence; does not promote discrimination based on race, sex, religion, gender, age, sexual orientation, disability, or otherwise; be harmful to children; or is not illegal. User will comply with all applicable laws pertaining to the User Information and other submissions including e-mails and other electronic data. User acknowledges that S-Development may screen content and shall have the right at S-Development’s sole discretion to remove or reject any content in whole or in part, including but not limited to Art, artist’s submissions, and peer reviews. Notwithstanding S-development’s right to screen content, User bears all risks associated with and connected to the use of content provided by User, including any risks associated with the accuracy or completeness of the content.

8. Illegal Activity Prohibited 

User will abide by all applicable laws, rules, and regulations, domestic and international, relating to the use of the Site or relating to the purchase, sale, and representation of Art or Reproductions. User will not use the Site, Services, or any communication through the Site to commit any illegal activities.

9. Confidentiality 

A. Restrictions on Use and Disclosure of Confidential Information 
User hereby acknowledges and agrees that S-development’s Confidential Information constitutes a valuable asset of S-development that may not be converted to User’s own use or to the benefit of any person except S-development. Accordingly, User hereby covenants and agrees with S-development that User will not, directly or indirectly, use, reveal, disclose, divulge, furnish or make available any of S-development’s Confidential Information to any person (other than S-development or its affiliates, or any of their respective shareholders, members, partners, directors, officers, employees, agents, representatives or independent contractors) without S-development’s prior written consent, and will not use or make use of any Confidential Information in connection with any business activity other than that of S-development. The confidentiality obligations survive termination of this Agreement. 

B. Exceptions to Restrictions on Use and Disclosure of Confidential Information
Anything in this Agreement to the contrary notwithstanding, User shall not be restricted from disclosing or using Confidential Information that (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by User or its representatives; (ii) becomes available to User in a manner that is not in contravention of applicable law from a source (other than S-development or its affiliates or one of its or their officers, employees, agents or representatives) that is not bound by a confidential relationship with S-development or its affiliates or by a confidentiality or other similar agreement; (iii) was known to User on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to User by S-development or its affiliates or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, User shall provide S-development with prompt notice of such requirement so that S-development may seek an appropriate protective order prior to any such required disclosure by User.

10. Relationship of the Parties 

Sellers are independent contractors. Nothing in this Agreement creates a partnership, joint venture of any kind, or employment relationship between the Parties. Sellers and Peer Review Providers shall not make any statement contradicting anything in this section and neither Sellers nor Peer Review Providers have any authority to make or accept offers or enter into any other agreement, regardless of form, for or on behalf of S-development. 

11. Money Back Guarantee 

Sellers will permit return of the Art to the Seller and will not accept payment for Art until the expiration of the Money Back Guarantee, which can be located from a link on the ArtisticSavants.com home page, and is hereby incorporated into this Agreement by reference.

THIS LIMITED MONEY BACK GUARANTEE IS NOT A WARRANTY OR ADMISSION OF LIABILITIY AND ARTISTICSAVANTS.COM, INC. MAY CHANGE OR CANCEL IT AT ANY TIME BEFORE ACCEPTING CUSTOMER’S ORDER.

12. No Warranties 

S-development makes no express or implied warranties or representations of Art or Reproductions, including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage. S-development has no control of the materials advertised on the Site and therefore S-development does not guarantee any Art or Reproduction with respect to quality, safety, or legality. S-development further does not guarantee the truth or accuracy of the Art description, contact information, or credentials of any User, Artist, or Peer Review Provider.

THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USER’S ACCESS TO THE SITE AND USE OF THE SERVICES, THE CONTENT AND THE INTERNET, IS AT USER’S SOLE RISK. USER SOLELY IS RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM USER’S ACCESS TO OR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE INTERNET.

S-development DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND REGARDING (I) THIS SITE, THE SERVICES, THE CONTENT OR THE INTERNET, INCLUDING WITH RESPECT TO THE ACCURACY, APPROPRIATENESS, AVAILABILITY, COMPLETENESS, FREEDOM FROM VIRUSES, PERFORMANCE, QUALITY, SECURITY OR TIMELINESS OF THE SITE, THE SERVICES, THE CONTENT OR THE INTERNET, OR (II) ANY THIRD PARTY SITES. NO ADVICE OR INFORMATION PROVIDED ON THE SITE SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED BY S-development IN THIS AGREEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, S-development EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES AND ENDORSEMENTS OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, REGARDING THE SITE, THE SERVICES, THE CONTENT OR THE INTERNET. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE LIMITATIONS CONTAINED IN THIS SECTION OF THIS AGREEMENT MAY NOT APPLY TO ALL USERS. 

USER ACKNOWLEDGES AND AGREES THAT THE TERMS AND PROVISIONS CONTAINED IN THIS AGREEMENT ARE FAIR AND REASONABLE.

13. Indemnification of S-development 

User releases and indemnifies S-development and its subsidiaries, affiliates, directors, officers, employees, agents, shareholders, and other owners against any and all claims, demands, and damages (actual and consequential), including negligence, of every kind and nature, known and unknown arising out of or connected to the Site. This includes, but is not limited to anything arising out of or related to (i) a claim that User infringed on any trademark, service mark, copyright, trade name, goodwill, patent, privacy right, or other intellectual property right and (ii) any claim alleging a misrepresentation or representation or warranty or breach of covenant.

14. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, S-development EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR LOSSES, INCLUDING DAMAGES FOR LOSS OF USE OF THE SERVICES OR THE CONTENT, LOST ACCESS TO THIS SITE, LOST GOODWILL OR PROFITS, OR OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF, CONNECTED WITH OR RELATED TO (i) USER’S ACCESS TO OR USE OF THE SITE, THE SERVICES, THE CONTENT, ANY THIRD PARTY SITES OR THE INTERNET, (ii) USER’S POSTING, PUBLISHING OR TRANSMITTING OF THE INFORMATION ON, THROUGH OR TO THIS SITE OR ANY THIRD PARTY SITES, (iii) ANY DISCONTINUATION, SUSPENSION OR TERMINATION OF THE SITE, THE SERVICES OR THE CONTENT, AND (iv) USER’S VIOLATIONS OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, EVEN IF S-development WAS ADVISED OF SUCH POSSIBILITY, OR IF SUCH CLAIM, DAMAGE, EXPENSE OR LOSS WAS FORESEEABLE IN ANY WAY. IN THE EVENT S-development IS FOUND TO BE RESPONSIBLE TO USER FOR ANY CLAIM, DAMAGE, EXPENSE OR LOSS, S-development SHALL BE LIABLE ONLY FOR ACTUAL CLAIMS, DAMAGES, EXPENSES OR LOSSES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR REMEDIES CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE. 

BEFORE SEEKING LEGAL RECOURSE FOR ANY CLAIM, COST, DAMAGE, EXPENSE OR CLAIM ALLEGEDLY SUFFERED AS A RESULT OF USER’S ACCESS TO OR USE OF THE SITE, THE SERVICES OR THE CONTENT, USER SHALL GIVE S-development AT LEAST THIRTY (30) DAYS’ WRITTEN NOTICE PRIOR TO INITIATING ANY LEGAL ACTION, WHICH NOTICE SHALL SPECIFY SUCH CLAIM, COST, DAMAGE, EXPENSE OR CLAIM.

15. Termination 

Either Party may terminate this Agreement at any time. If a Seller or a Peer Review Provider wishes to terminate this Agreement, he or she shall provide S-development with written notice of his or her desire to terminate. Termination will be effective when S-development receives notice from the Seller or Peer Review Provider. S-development will remove a Seller’s or Peer Review Provider’s Art and/or other content from the Site within fourteen (14) business days of receipt of the written notice to S-development.

16. Restriction of Assignments 

User shall not assign this Agreement without prior written consent of S-development.

17. Notices 

18. Severability of Provisions 

If any provision in this Agreement is deemed invalid or unenforceable for any reason whatsoever, the remainder of the Agreement will remain valid and enforceable.

19. Entire Agreement 

This Agreement and the incorporated policies constitute the entire Agreement between the Parties. All prior negotiations and understandings, oral and written, are superceded and no modification is effective unless signed in writing by the Parties.

20. Governing Law 

This Agreement shall be governed by interpreted and construed in accordance with the domestic laws of the State of Florida without giving effect to any choice of law or conflicting provision or rule (whether of the State of Florida or any other jurisdiction that would cause the laws of any jurisdiction other than the State of Florida to be applied.)

21. Modification of Agreement 

S-development may modify this Agreement and the incorporated policies at any time by amendment or in any other manner, with or without notice, by posting the amended terms on the Site. This Agreement and the incorporated policies may not otherwise be amended unless signed in writing by User and S-development. Amendments are effective immediately after S-development posts the changes to the Site, or if not posted, as indicated in the amendment.
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